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Workers' Compensation Laws in South Carolina

The South Carolina Workers’ Compensation Commission has set forth various laws regarding the workers’ compensation process. Being injured on the job is stressful, and we want you to be informed of your rights regarding workers’ compensation. Here are some frequently asked questions about South Carolina’s workers’ comp laws.

Who Is Covered?

In the state of South Carolina, all employers and employees are covered by the South Carolina Workers’ Compensation Act. However, there are some exceptions. These include certain casual employees, railroad employees, agricultural employees, corporate officers, real estate salespersons, and businesses with less than 4 employees. However, the majority of employees in the state are covered by workers’ compensation.

What Compensation Am I Entitled to?

In South Carolina, employees who suffer injuries or illnesses from their employment may receive compensation for:

  • Medical treatment
  • Permanent disability or disfigurement
  • Loss of wages during a period of disability

If you are injured and are unable to work for at least 7 days, you may be able to receive compensation for lost wages at the rate of 66 2/3% of your average weekly wage. This amount is not to exceed 100% of the state’s average weekly wage, which is established by the South Carolina Employment Security Commission. The maximum compensation award for total disability or death is limited to 500 weeks (about 9 ½ years).

How Long Do I Have to File a Workers’ Comp Claim in South Carolina?

In South Carolina, you only have 90 days from the date of your injury to report it to your employer. Workers’ comp claims must be made within the statute of limitations, which is 2 years. This means, if you wait too long to pursue compensation, you may be unable to receive a settlement. Once your employer has been made aware of your injuries or illnesses, he or she only has 10 days to report the accident to the South Carolina Workers’ Compensation Commission. The Commission monitors all compensation payments for medical treatment from employers to injured employees.

Lawton Law Firm has more than 3 decades of combined legal experience. Let us help you get your life back on track after a workplace accident. Call our Mt. Pleasant workers’ compensation attorneys today at (843) 588-5302 for a free consultation.